Bill > S1982

Introduced Session

This bill prohibits a social media company (company) from permitting a New Jersey resident who is a minor to be an account holder on the company's platform unless the minor has obtained the express consent of a parent or guardian. To provide express consent, the parent or guardian is required to provide credit card information to the social media company and consent to a fee of not more than 35 cents to be charged to the credit card provided. The bill also requires a company to verify the age of an existing or new account holder and, if the existing or new account holder is a minor, confirm that a minor has obtained express consent from a parent or guardian in accordance with the bill's provisions: (1) for a new account, at the time the resident opens the account; or (2) for an account holder who has not provided age verification, within 14 calendar days of the account holder's attempt to access the account. If an account holder fails to meet the age verification requirements within the required time period, the company is required to deny access to the account: (1) upon the expiration of the time period; and (2) until all verification requirements are met. The bill requires a company, for a social media platform account held by a minor account holder, to: (1) prohibit direct messaging between the account and any other adult user that is not linked to the account through adding on the social media platform; and (2) not collect or use any personal information from the posts, content, messages, text, or usage activities of the account other than information that is necessary to comply with, and to verify compliance with, State or federal law, which information includes a parent or guardian's name, a birth date, and any other information required to be submitted to provide express consent. The Division of Consumer Affairs (division) is responsible for enforcement of the bill's provisions. The division is required to receive consumer complaints related to, investigate alleged violation of, and enforce the provisions of this bill. The division is entitled to any penalties, fines, or fees collected for a violation. The division is authorized to impose a civil penalty of up to $2,500 for each violation or to initiate a civil suit in Superior Court. In addition, an individual may bring an action in the Superior Court against a company, for failure to comply with the provisions of this bill. If the individual's suit is successful, an individual is entitled to reasonable attorney fees and court costs. An individual is also entitled to either actual damages or $2,500, whichever is greater.

AI Summary

Committee Categories

Joe Vitale (D)*, 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 01/09/2024)

Official Document